Kharar builders get two-year rigorous imprisonment in cheque bounce case
Managing director and director of Best Zone Builders also to pay up ₹6.5 crore, which is double the dishonoured amount, to Sector 16 residentUpdated: Jan 30, 2020 00:54 IST
In four cases of cheque bounce, the district court has awarded two-year rigorous imprisonment to the director and managing director of Best Zone Builders & Developers Pvt Ltd, Kharar. The court has also directed them to pay double the dishonoured amount of ₹6.51 crore.
Rohit Sondhi, a 39-year-old resident of Sector 16D, Chandigarh, and his family filed four complaints under Negotiable Instrument Act against Best Zone, its managing director Manmohan Singh and director Paramjit Kaur.
The first complaint mentioned that Sondhi, his family and M/s Devika Infrastructure Pvt Ltd are joint owners of a property measuring 15 kanal 6 marla at Khuni Majra village (Swagat City) in Kharar.
It was alleged that the accused offered to buy the land, and thereafter, an agreement to sell dated November 28, 2016, was executed between the two parties.
The total sale consideration of ₹3.95 crore was fixed, out of which the accused paid an amount of ₹25 lakh as earnest money (₹12 lakh in cash and ₹13 lakh through five cheques of ₹2.6 lakh each). They further agreed to pay ₹180 lakh later, following which the possession of the property was handed over to the accused.
In May 2018, MD of the Best Zone issued three cheques amounting to ₹95,92,564 but the same were dishonoured with the remarks of “drawers signature differs”.
The accused said they were innocent and had been falsely implicated, adding, the complainant had misused the cheque.
A second case was filed by Rohit claiming that cheque amounting to ₹40 lakh was dishonoured; the third complaint said that a cheque dated November 4, 2018, amounting to ₹90 lakh was dishonoured; and the fourth complaint stated that cheque dated November 4, 2018, amounting to ₹1 crore was also dishonoured.
After hearing the arguments, the court awarded two-year rigorous imprisonment to the accused.
The judge observed: “The case involves cheating and fraud of an extremely high magnitude. The accused has a legal liability to pay a hefty and considerable amount of total money involved in four connected complaints to the tune ₹3,25,92,564.”
It added: “The crookedness of the accused by not paying an amount and retaining possession of the property reflects a serious issue of land grabbing wherein innocent people are being regularly duped and their life time investments are being snatched away from them illegally.”
With these observations, court pronounced “double penalty and rigorous imprisonment” to the director and managing director jointly.